Updated: January 4, 2021
IMPORTANT: this End User License Agreement ("EULA") is a legal agreement between you as licensee (“Licensee”) and Apptitude Solutions, Inc. (“ASI”) for the use of ASI’s cloud-based software applications (“Software”). By installing, copying, or otherwise using any of the Software, Licensee agrees to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, contact ASI for discontinuation of the software.
The copyright in the Software and its documentation is owned by ASI. Subject to the terms of this EULA, Licensee is granted a non-exclusive right for the duration of the EULA to use the Software. Licensee does not acquire ownership of copyright or any other intellectual property rights in any part of the Software by virtue of this EULA.
The use of this software by Licensee indicates Licensee’s acceptance of this EULA.
"EULA" means this End User License Agreement
"Licensee" means the user of the Software, or the organization (if any) on whose behalf the user is using the EULA.
"Documentation" means written documentation, including knowledge base articles, e-mails, training guides, and help content made generally available by ASI to aid in using the Software.
"Software" means the software provided by ASI solely for use by Licensee, under the terms of this EULA.
GRANT OF LICENCE
In accordance with the terms of this EULA, Licensee may install the Software on a single production server and on any number of failover servers providing only a single server is actively used as the production environment. Licensee may install the Software on any number of test or development servers. The installation on production, test, and development servers is also subject to any restrictions noted on the Invoice including but not limited to user, device, or company count.
You may not copy or use the Software or Documentation except as expressly permitted by this EULA. Licensee may not copy (except as reasonably necessary for internal back-up purposes), distribute, transfer, sublicense, rent, lease, lend, sell, or otherwise allow any third party to use the Software. Licensee may not modify, reverse engineer, decompile, disassemble, or otherwise reduce the Software to a human-perceivable form, except to the extent expressly permitted by applicable law, and then only after Licensee has notified ASI in writing of Licensee’s intended activities.
Licensee acknowledges any right, title or interest in the Software and Documentation, including but not limited to, patent, trademark, design, copyright, or any other intellectual property rights, shall remain with ASI and no right, title or interest in the Software and Documentation is granted or transferred under this License, except for the right granted hereunder. Licensee agrees that Licensee does not acquire any rights, express or implied, beyond the limited license described in this agreement.
Licensee may continue to use the Software for as long as the monthly software subscription price is paid by Licensee.
ASI provides, and Licensee agrees to accept, the software and documentation “as-is” without warranty of any kind, express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title or non-infringement of any patent, trademark, design, copyright or any other intellectual property rights owned by a third party, or that the software is free from defects, and ASI and its licensors disclaim all liability for the same.
Licensee agrees that ASI, and its respective subsidiaries, will not be liable in connection with this EULA or its subject matter, under any theory of liability, for any indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility of such damages or if such damages are foreseeable.
While ASI may choose to make enhancements or corrections to the Software, ASI is not obligated to provide any such corrections or any support, maintenance or updates of the Software or Documentation.
This EULA is effective until terminated. ASI may terminate this EULA at any time upon Licensee’s breach of any provision. If this EULA is terminated, Licensee will stop using the Software and Documentation and destroy all copies in Licensee’s possession, confirming to ASI in writing that Licensee has done so.
Licensee agrees that any breach of the restrictions in this EULA would cause ASI irreparable harm for which money damages alone would be inadequate. In addition to damages and any other remedies to which ASI may be entitled, Licensee agrees that ASI may seek injunctive relief to prevent the actual, threatened or continued breach of the terms of this EULA.
This EULA and all matters arising out of it are governed by the laws of the Province of British Columbia, Canada. Licensee consents to jurisdiction and venue of the courts sitting in Vancouver, British Columbia, for any controversy, claim or dispute.
Severability and Waiver
If any provision of this EULA is held to be illegal, invalid, or otherwise unenforceable, that provision will be enforced to the extent possible or, if incapable of enforcement, deemed to be severed and deleted from this EULA, and the remainder of this EULA will continue in full force and effect. The waiver by Licensee or ASI of any default or breach of this EULA will not waive any other or subsequent default or breach.
You may not assign, sell, delegate or otherwise transfer this EULA or any rights or obligations under it, without ASI's prior written consent.
The term of this EULA shall commence when ASI provides access to the Software. The term of this EULA will end when
a) Licensee notifies ASI in writing or by email, giving one month’s notice, that Licensee no longer wishes to use the Software.
b) Licensee fails to pay the monthly software subscription price when due.
Basic Information Provided By Licensee For A Paid Subscription.
In order to provide services to Licensee, ASI may collect from Licensee and store in its cloud or other storage system basic information including, without limitation, Licensee’s name, address, telephone number(s), email address(es), and information regarding the Licensee or other products, equipment and/or systems present in Licensee’s premises (collectively, “Basic Information”). ASI shall have the right to use Basic Information for any purpose related to ASI’s internal business activities, and to share Basic Information with Microsoft who may use such information for any internal purpose related to their respective business activities.
Credit Card Information
ASI may obtain Licensee’s credit card information in order to process payments for monthly subscriptions.
Additional Information (“Additional Information”)
During a paid subscription, ASI may collect and store information from Licensee including, without limitation:
a) device-specific information regarding Licensee’s smartphone, tablet, computer or other device(s) which are used to interact with an ASI product or service,
b) information about which ASI product(s) or service(s) Licensee interacts with, and Licensee’s navigation among such product(s) or services, and
c) information about Licensee’s number of licenses of Microsoft Dynamics Business Central.